Originalism: A Rationalization for Conservatism or a Principled Theory of Interpretation? - Event Audio/Video

Listen & Download

FRIDAY, FEBRUARY 26, 2010

Mr. Ryan Ulloa, Symposium Director, University of Pennsylvania Law School

Dean Michael A. Fitts, University of Pennsylvania Law School

7:00 p.m.Panel I

Originalism: A Rationalization for Conservatism or a Principled Theory of Interpretation?

One of the criticisms of originalism is that it simply is code for conservative ideology. Pointing to figures such as Justice Scalia, some characterize originalism merely as a tool of the Republican Party, suggesting that all originalist jurisprudence is also politically conservative. The first question for originalism is what justifies originalism as a theory of constitutional interpretation as opposed to a political program. Originalists have advanced a variety of justifications for originalism. Some justify it on the basis that originalism is implicit in the use of language. Others suggest that originalism is to be preferred, because it is the theory that delivers the clearest rules. This panel will explore such justifications as well as critiques of originalism.

Prof. Mary Anne Case, University of Chicago Law School

Prof. Richard Fallon, Harvard Law School

Prof. Saikrishna Prakash, University of Virginia School of Law

Prof. Keith Whittington, Princeton University

Moderator: Hon. Greg Garre, 44th Solicitor General of the United States